Legal Question in Wills and Trusts in Maryland
Sister taking assets under POA and as Executor
Mom and Dad got ill, forced to give POA to my estranged sister as I'm out of state, she also got them to change me from executor in 10yr old will to her. She took all records of assets as well as all Jewelry, both parents died within two months. The will says all assets get split evenly, however, she has retained many and refuses to provide copies of the records showing same nor records showing what she did with assets using the POA for the 8 weeks prior to their death.
What can I do to confirm what was done with assets, recourse for conversion of assets both under the POA as well as after death?
2 Answers from Attorneys
Re: Sister taking assets under POA and as Executor
Further information needs to be developed here to determine why an Estate Accounting has not yet been filed in MD by the Executor. A beneficiary of an Estate/Will has specific enforceable rights under MD law. There are a number of fact-specific issues under MD law that need to be carefully worked through concerning the will and the administration of the Estate. An experienced probate/estate planning attorney should be able to handle this under MD law. Please note that my legal services are available only with a signed engagement agreement in accordance with the Code of Professional Ethics applicable to attorneys licensed in the state of MD. If I can be of any help to you or people you know, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 9-24-2002, 8:50 p.m. EST; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; Tel/Fax 301-340-2951; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.
Re: Sister taking assets under POA and as Executor
Your question indicates that your sister is a personal representative. If she has failed to file a certificate, she can be removed as such. She has other duties as a personal representative of the estate. One fundamental duty is that she prepare an inventory. The inventory must include not only assets but debts. An account of her management and distribution of property is required with respect to all interested parties. You are an interested party if you are mentioned as a beneficiary in the revised will or in a codicil (i.e., a supplement, modification, or change in power of the prior will).
Depending on the factual situation upon which the original will was modified, the modifed will may or may not be enforceable.
Upon conversion of the property your legal matters become increasingly complicated. Property ownership will need to be traced to sustain your claim under the will.
I strongly recommend that you contact an attorney immediately to represent your interests.
G. Joseph Holthaus
(410) 799-9002
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